Laxmikanth Summary: Electoral Reforms | Indian Polity for UPSC CSE PDF Download

Committees Related to Electoral Reforms

Here are the significant committees and their contributions:

1. Joint Parliamentary Committee on Amendments to Election Laws (1971-72)
2. Thirteenth Committee (1975): Appointed by Jayaprakash Narayan during the "Total Revolution" movement, this unofficial committee submitted its report in 1975.
3. Dinesh Goswami Committee on Electoral Reforms (1990)
4. Vahra Committee on the Nexus between Crime and Politics (1993)
5. Election Commission of India Recommendations on Electoral Reforms (1998)
6. Indrajit Gupta Committee on State Funding of Elections (1998): Appointed by the BJP-led government, this committee supported the introduction of state funding for elections, arguing it was constitutionally justified and in the public interest.
7. Law Commission of India 170th Report on Reform of the Electoral Laws (1999)
8. National Commission to Review the Working of the Constitution (2000-2002): Headed by M.N. Venkatachaliah, this commission reviewed various aspects of the Constitution, including electoral processes.
9. Election Commission of India Report on Proposed Electoral Reforms (2004)
10. Second Administrative Reforms Commission of India Report on Ethics in Governance (2007): Led by Veerappa Moily, this report addressed various aspects of governance, including electoral ethics.
11. Thirteenth Committee (Core Committee) (2010): This committee was tasked with reviewing election laws and proposing necessary reforms.
12. J.S. Verma Committee Report on Amendments to Criminal Law (2013)
13. Law Commission of India 244th Report on Electoral Disqualifications (2014)
14. Law Commission of India 255th Report on Electoral Reforms (2015)

Based on the recommendations of these committees and commissions, various reforms have been introduced in India's electoral system, election machinery, and election process. 
These reforms can be categorized into four periods:

1. Electoral reforms before 1996
2. Electoral reforms of 1996
3. Electoral reforms after 1996
4. Electoral reforms since 2010

Electoral Reforms Before 1996

• The 61st Constitutional Amendment Act of 1988 lowered the voting age from 21 years to 18 years for Lok Sabha and assembly elections.
• This change aimed to give the unrepresented youth of the country an opportunity to express their views and engage in the political process.

Deputation to Election Commission:

• In 1989, a provision was established that officers and staff involved in the preparation, revision, and updating of electoral rolls for elections are considered on deputation to the Election Commission for the duration of their employment.
• During this period, these personnel would be under the control, supervision, and discipline of the Election Commission.

Increase in Number of Proposers:

• In 1989, the number of electors required to sign as proposers in nomination papers for elections to the Rajya Sabha and state legislative council was increased.
• The new requirement became 10 percent of the electors of the constituency or ten such electors, whichever is less.
• This change was implemented to prevent non-serious candidates from contesting frivolously.

Electronic Voting Machines:

• In 1989, a provision was made to facilitate the use of Electronic Voting Machines (EVMs) in elections.
• EVMs were used for the first time on an experimental basis in 1998 during elections to the Assemblies of Rajasthan, Madhya Pradesh, and Delhi.
• The machines were later used for the first time in general elections in Goa in 1999.

Booth Capturing:

• In 1989, a provision was introduced to address booth capturing by allowing the adjournment of polls or countermanding of elections in such cases.
• Booth capturing includes:
• Seizure of a polling station and forcing polling authorities to surrender ballot papers or voting machines.
• Taking possession of a polling station and allowing only one's supporters to vote.
• Threatening and preventing any elector from going to the polling station.
• Seizure of the location used for counting votes.

Elector's Photo Identity Card (EPIC):

• The Election Commission decided in 1993 to issue photo identity cards to electors nationwide to prevent bogus voting and impersonation during elections.
• The electoral roll serves as the basis for issuing EPICs to registered electors.
• EPICs have made the electoral process simpler, smoother, and quicker.

Electoral Reforms of 1996

In 1990, the National Front Government, led by V.P. Singh, established a committee to examine the electoral system and propose reforms. Chaired by Dinesh Goswami, the committee put forth several recommendations, some of which were implemented in 1996. Here are the key electoral reforms:

Listing of Candidates' Names:

Candidates contesting elections are classified into three categories for listing purposes:

1. Candidates of recognized political parties
2. Candidates of registered-unrecognized political parties
3. Other (independent) candidates

Their names are listed separately in this order, and within each category, names are arranged alphabetically.

Disqualification for Insulting the National Honour:

Under the Prevention of Insults to National Honour Act of 1971, a person convicted of certain offences is disqualified from contesting elections to Parliament and state legislatures for six years. Offences include:

1. Insulting the Constitution of India
2. Preventing the singing of the National Anthem

Prohibition on the Sale of Liquor:

• During the 48 hours leading up to the conclusion of polling, the sale, distribution, or offering of liquor or other intoxicants is prohibited in any shop, eating place, hotel, or any other public or private establishment within the polling area.

Number of Proposers:

• The nomination of a candidate in a Parliamentary or Assembly constituency requires the subscription of 10 registered electors as proposers if the candidate is not sponsored by a recognized political party. If the candidate is sponsored by a recognized political party, only one proposer is needed. This measure aims to discourage non-serious candidates from contesting elections.

Death of a Candidate:

• Previously, if a contesting candidate died before the actual polling, the election was countermanded, necessitating a fresh election in the concerned constituency. Now, the election will not be countermanded due to the death of a contesting candidate before polling. However, if the deceased candidate belonged to a recognized political party, the party has the option to propose another candidate within seven days.

Time Limit for By-Elections:

By-elections are to be held within six months of a vacancy occurring in any House of Parliament or a state legislature. However, this condition does not apply in two cases:

• When the remainder of the term of the member whose vacancy is to be filled is less than one year.
• When the Election Commission, in consultation with the Central Government, certifies that it is difficult to hold the by-elections within the specified period.

Holiday to Employees on Polling Day:

• Registered voters employed in any trade, business, industry, or establishment are entitled to a paid holiday on polling day. This rule applies even to daily wagers. However, it does not apply in cases where the absence of the voter may cause danger or substantial loss to the employment in which they are engaged.

Contestants Restricted to Two Constituencies:

• A candidate is not eligible to contest from more than two Parliamentary or Assembly constituencies in a general election or in by-elections held simultaneously. Similar restrictions apply to biennial elections and by-elections to the Rajya Sabha and state legislative councils.

Prohibition of Arms:Entering the vicinity of a polling station with any kind of arms is considered a cognizable offence. However, this provision does not apply to the returning officer, presiding officer, police officers, or other persons appointed to maintain peace and order at the polling station.

Effective Campaigning Period Reduced:

• The minimum gap between the last date for withdrawal of candidature and the polling date has been reduced from 20 days to 14 days, allowing for a more effective campaigning period.

Electoral Reforms After 1996

Presidential and Vice Presidential Elections:

• In 1997, the number of electors required as proposers and seconders for contesting elections to the offices of President and Vice President was increased. For the President, it rose from 10 to 50, and for the Vice President, from 5 to 20.
• The security deposit amount for candidates contesting these elections was also raised from ₹2,500 to ₹15,000. This was done to discourage frivolous candidates.

Requisitioning of Staff for Election Duty:

• In 1998, a provision was established allowing the requisitioning of employees from local authorities, nationalized banks, universities, LIC, government undertakings, and other government-aided institutions for election duty.

Voting through Postal Ballot:

• In 1999, a provision was introduced enabling certain classes of persons to vote through postal ballot. The Election Commission, in consultation with the government, could notify specific classes of persons allowed to vote by postal ballot.

Facility to Opt to Vote Through Proxy:

• In 2003, the option to vote through proxy was extended to service voters in the Armed Forces and members of other forces governed by the Army Act. Service voters opting for proxy voting had to appoint a proxy in a prescribed format and inform the Returning Officer of the constituency.

Declaration of Criminal Antecedents, Assets, etc., by Candidates:
In 2003, the Election Commission mandated that candidates seeking election to Parliament or State Legislatures provide specific information on their nomination papers, including:

• Details of any past criminal convictions, acquittals, or discharges, including imprisonment or fines.
• Information about any pending criminal cases filed against them within six months of nomination, especially those punishable by imprisonment for two years or more.
• Details of assets owned by the candidate, their spouse, and dependents, including immovable and movable property, bank balances, etc.
• Information about liabilities, particularly dues to public financial institutions or government bodies.
• The educational qualifications of the candidate.
• Providing false information in the affidavit became an electoral offence. Changes in Rajya Sabha Elections:

(i) Domicile or residency requirements for candidates contesting Rajya Sabha elections were abolished.

• Previously, a candidate had to be an elector in the state from which they were being elected.
• Now, it is sufficient for a candidate to be an elector in any parliamentary constituency in the country.

(ii) An open ballot system replaced the secret ballot system for Rajya Sabha elections.

• This change aimed to reduce cross-voting and the influence of money in these elections.
• Under the open ballot system, electors belonging to a political party must show their marked ballot paper to a nominated agent of their party after voting.

Exemption of Traveling Expenditure:

• In 2003, it was stipulated that the traveling expenses incurred by campaigning leaders of a political party would not be included in the election expenses of the candidate.

Free Supply of Electoral Rolls, etc.:

• According to a provision in 2003, the government is required to supply copies of electoral rolls and related materials free of cost.

Electoral Reforms Since 2010

Restrictions on Exit Polls:

• As per a 2009 provision, conducting and publishing exit poll results are prohibited during elections to the Lok Sabha and State Legislative Assemblies.
• An exit poll is an opinion survey about how voters have cast their votes in an election or how they have identified with a political party or candidate.

Time-Limit for Disqualification Cases:

• A provision was introduced in 2009 to simplify the procedure for disqualifying a person found guilty of corrupt practices.
• It established a three-month deadline for the specified authority to submit a case against a person guilty of corrupt practice to the President for determining disqualification.

Inclusion of All Officials in Corrupt Practice:

• A 2009 provision included all officials, whether in government service or not, appointed or deputed by the Election Commission in connection with election conduct, within the scope of corrupt practice.
• This includes any assistance obtained by a candidate for furthering their election prospects.

Increase in Security Deposit:

• In 2009, the security deposit amount for candidates contesting elections to the Lok Sabha was increased from ₹10,000 to ₹25,000 for general candidates and from ₹5,000 to ₹12,500 for SC and ST candidates.
• Similarly, for state legislative assembly elections, the security deposit was raised from ₹2,500 to ₹5,000 for general candidates and from ₹1,000 to ₹2,500 for SC and ST candidates.
• This change aimed to reduce the number of non-serious candidates.

District Appellate Authority:

• A provision was established in 2009 for appointing an appellate authority within the district to hear appeals against the orders of Electoral Registration Officers, replacing the Chief Electoral Officer of the state.
• Now, appeals against orders of Electoral Registration Officers during continuous electoral roll updates will be directed to the District Magistrate, Additional District Magistrate, Executive Magistrate, District Collector, or an officer of equivalent rank.
• A further appeal against the District Magistrate's orders will be made to the Chief Electoral Officer of the state.

Voting Rights for Indians Abroad:

• In 2010, a provision was introduced to grant voting rights to Indian citizens residing abroad for various reasons.
• Every Indian citizen whose name is not in the electoral roll, who has not acquired citizenship of another country, and who is outside India due to employment, education, or other reasons, is entitled to have their name registered in the electoral roll in the Parliamentary/Assembly constituency where their place of residence in India, as mentioned in their passport, is located.

Online Enrollment in Electoral Roll:

• In 2013, a provision was made for online applications for enrollment in the electoral roll.
• The Central Government, in consultation with the Election Commission, introduced the Registration of the Electors (Amendment) Rules, 2013, amending the Registration of Electors Rules, 1960.

Introduction of NOTA Option:

• As per the Supreme Court's direction, the Election Commission introduced the None of the Above (NOTA) option in ballot papers and EVMs.
• This option allows voters who do not wish to vote for any candidate to exercise their right while maintaining the secrecy of their ballot.
• The NOTA provision was first implemented during the General Elections to State Legislative Assemblies in 2013 and continued in subsequent elections.
• Even if more voters choose the NOTA option than any candidate's votes, the candidate with the highest votes is declared elected.

Introduction of VVPAT:

• The Voter Verifiable Paper Audit Trail (VVPAT) is an independent system linked to Electronic Voting Machines (EVMs) that allows voters to verify their votes.
• When a vote is cast, a slip is printed and displayed through a transparent window for seven seconds, showing the candidate's serial number, name, and symbol.
• Afterward, the slip is automatically cut and deposited into a sealed dropbox.
• The VVPAT system enables voters to challenge their votes based on the paper receipt.
• The legal framework for using VVPAT was amended in 2013, following the Supreme Court's approval for its phased introduction by the Election Commission.
• The Court deemed VVPAT essential for ensuring free and fair elections, accuracy in the voting system, and facilitating manual vote counting in disputes.
• VVPAT was first used in the byelection for the Noksen Assembly Constituency in Nagaland in 2013.

Jail or Police Custody Contesting Elections:

• In 2013, the Supreme Court upheld a Patna High Court order declaring that a person in jail or police custody is not an elector and thus not qualified to contest elections to the Parliament or State Legislature.

To counter this Supreme Court order, two new provisions were included in the Representation of the People Act, 1951:

• The first provision states that a person whose name is in the electoral roll shall not cease to be an elector due to the prohibition of voting (either due to jail or police custody).
• The second provision states that a Member of Parliament or State Legislature can only be disqualified based on specific provisions in the Act and not for any other reason.
• Consequently, individuals in jail or police custody are allowed to contest elections.

Immediate Disqualification of Convicted MPs and MLAs:

• In 2013, the Supreme Court ruled that Members of Parliament and MLAs charged with offenses would be immediately disqualified from holding House membership upon conviction, without a three-month period for appeal, as was previously the case.
• The Court deemed Section 8(4) of the Representation of the People Act (1951), which allowed convicted lawmakers three months to appeal and stay their conviction and sentence, unconstitutional.
• To nullify the Supreme Court's ruling, the Representation of the People (Second Amendment and Validation) Bill, 2013 was introduced in Parliament.
• However, the Bill was later withdrawn by the Government.

Photos of Candidates on EVMs and Ballot Papers:

• As per an Election Commission order, starting from May 1, 2015, ballot papers and EVMs will display the candidate's photograph along with their name and party symbol.
• This measure aims to prevent confusion among voters in constituencies where candidates have similar names.
• The Commission noted instances of candidates with identical or similar names contesting from the same constituency.
• Although suffixes are added to candidates' names in case of name duplicates, the Commission believes additional measures are necessary to eliminate voter confusion at the time of voting.
• If a candidate fails to provide a photograph, it will not be a valid reason for rejecting their nomination.

Ceiling on Cash Donations Lowered:

• In the 2017 budget, the limit for anonymous cash donations by individuals to a political party was reduced from ₹20,000 to ₹2,000.
• This means that political parties can now receive a maximum of ₹2,000 as cash donations from individuals.
• However, they are not required to inform the Election Commission of India about the details of donors who contribute under ₹2,000.
• Political parties must keep records of donors contributing above ₹2,000.

Cap on Corporate Contributions Lifted:

• In the 2017 budget, the cap on corporate contributions, previously limited to 7.5% of a company's net profit over the past three financial years, was removed.
• This change allows companies to donate any amount to political parties.
• Additionally, companies are no longer required to report such donations in their profit and loss accounts.

Introduction of Electoral Bonds:

• In 2018, the central government implemented the Electoral Bond Scheme, announced in the 2017 budget.
• This scheme is designed as an alternative to cash donations to political parties, aiming to promote clean money and enhance transparency in political funding.

Key features of the scheme include:

• Electoral bonds are promissory notes that are bearer banking instruments, not disclosing the buyer or payee's name.
• Eligible buyers include Indian citizens and entities incorporated or established in India.
• Electoral bonds can only be used to donate to registered political parties that secured at least 1% of the votes in the last general election.
• Political parties can encash electoral bonds only through authorized bank accounts.
• Electoral bonds are issued in denominations of ₹1,000, ₹10,000, ₹1,00,000, ₹10,00,000, and ₹1,00,00,000.
• Buyer information is kept confidential by the authorized bank and disclosed only when required by a competent court or law enforcement agency.

Foreign Funding Allowed:

• In the 2018 budget, political parties were allowed to receive foreign funds, including donations from foreign companies.
• This change involved amending the Foreign Contribution (Regulation) Act, 2010, by modifying the definition of a foreign company.

Election Laws (Amendment) Act, 2021:

• This Amendment Act introduced several electoral reforms:
• (i) It enabled linking electoral roll data with the Aadhaar ecosystem to prevent multiple enrollments of the same person in different places.
• (ii) It established January 1st, April 1st, July 1st, and October 1st as qualifying dates for preparing or revising electoral rolls, replacing the previous sole qualifying date of January 1st.
• (iii) It allowed spouses of service voters to cast their votes in person or through postal ballot by replacing 'wife' with 'spouse' to make election laws gender-neutral.
• (iv) It expanded the requisition of premises for counting, storage of voting machines (including VVPATs), poll-related materials, and accommodation of security forces and polling personnel after a poll.
• Overall, the Amendment Act broadened the grounds for requisitioning premises beyond just polling stations or storage of ballot boxes after a poll.